Arizona 2022 Regular Session

Arizona Senate Bill SB1229 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: immigration certification form; crime victims State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1229 Introduced by Senator Quezada AN ACT amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13-4444; relating to crime victims' rights. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: immigration certification form; crime victims
10	10	State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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12	12	Introduced by Senator Quezada
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14	14	REFERENCE TITLE: immigration certification form; crime victims
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40	40	SB 1229
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44	44	Introduced by
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52	52	AN ACT
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56	56	amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13-4444; relating to crime victims' rights.
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4444, to read: START_STATUTE13-4444. Immigration certifications for crime victims; requirements; annual report; definitions A. On the request of the victim or victim's family member, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B certification when the victim is a victim of qualifying criminal activity and has been helpful, is being helpful or is likely to be helpful to the detection, investigation or prosecution of that qualifying criminal activity. B. For the purposes of determining helpfulness pursuant to subSECTION a OF THIS SECTION, there is a rebuttable presumption that a victim is helpful, has been helpful or is likely to be helpful to the detection, investigation or prosecution of that qualifying criminal activity if the victim has not refused or failed to provide information and assistance when reasonably requested by law enforcement. C. The certifying official shall fully complete and sign the Form I-918 Supplement B certification and, regarding victim helpfulness, shall include specific details about the nature of the crime investigated or prosecuted and a detailed description of the victim's helpfulness or likely helpfulness to the detection, investigation or prosecution of the qualifying criminal activity. D. A certifying entity shall process a form I-918 Supplement B certification within NINETY days AFTER receiving THE request, unless the person requesting the form is not a citizen and is in removal proceedings, in which case the certification shall be processed within FOURTEEN days AFTER receiving THE request. E. A current investigation, the filing of charges and a prosecution or conviction are not required for the victim to request and obtain the Form I-918 Supplement B certification from a certifying official. F. A certifying official may withdraw the certification only if the victim refuses to provide information and assistance when reasonably requested. G. A certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-918 Supplement B certification, except to comply with federal law or legal process or if authorized by the victim or person requesting the Form I-918 Supplement B certification. H. On or before January 1, 2023 and annually thereafter, a certifying entity that receives a request for a Form I-918 Supplement B certification shall report to the Legislature the number of victims that requested Form I-918 supplement B certifications from the entity, the number of those certification forms that were signed and the number that were denied. I. For the purposes of this section: 1. "certifying entity" means any of the following: (a) A state or local law enforcement agency. (b) A prosecutor. (c) A judge. (d) Any other authority that has responsibility for the detection, investigation or prosecution of a qualifying crime or qualifying criminal activity. (e) Agencies that have criminal detection or investigative jurisdiction in their respective areas of expertise, including the department of child safety and the industrial commission of Arizona. 2. "certifying official" means any of the following: (a) The head of the certifying entity. (b) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency. (c) A judge. (d) Any other certifying official as defined in 8 Code of Federal Regulations Section 214.14(a)(3). 3. "Qualifying crime" includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity listed in paragraph 4 of this subsection and the attempt, conspiracy or solicitation to commit any of those offenses. 4. "Qualifying criminal activity" means qualifying criminal activity prescribed in the Immigration and Nationality Act (8 United States Code section 1101(a)(15)(U)(iii)), including: (a) Rape. (b) Torture. (c) Human trafficking. (d) Incest. (e) Domestic violence. (f) Sexual assault. (g) Abusive sexual conduct. (h) Prostitution. (i) Sexual exploitation. (j) Female genital mutilation. (k) Being held hostage. (l) Peonage. (m) Perjury. (n) Involuntary servitude. (o) Slavery. (p) Kidnaping. (q) Abduction. (r) Unlawful criminal restraint. (s) False imprisonment. (t) Blackmail. (u) Extortion. (v) Manslaughter. (w) Murder. (x) Felonious assault. (y) Witness tampering. (z) Obstruction of justice. (aa) Fraud in foreign labor contracting. (bb) Stalking. END_STATUTE
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68	68	Be it enacted by the Legislature of the State of Arizona:
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70	70	Section 1. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4444, to read:
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72	72	START_STATUTE13-4444. Immigration certifications for crime victims; requirements; annual report; definitions
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74	74	A. On the request of the victim or victim's family member, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B certification when the victim is a victim of qualifying criminal activity and has been helpful, is being helpful or is likely to be helpful to the detection, investigation or prosecution of that qualifying criminal activity.
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76	76	B. For the purposes of determining helpfulness pursuant to subSECTION a OF THIS SECTION, there is a rebuttable presumption that a victim is helpful, has been helpful or is likely to be helpful to the detection, investigation or prosecution of that qualifying criminal activity if the victim has not refused or failed to provide information and assistance when reasonably requested by law enforcement.
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78	78	C. The certifying official shall fully complete and sign the Form I-918 Supplement B certification and, regarding victim helpfulness, shall include specific details about the nature of the crime investigated or prosecuted and a detailed description of the victim's helpfulness or likely helpfulness to the detection, investigation or prosecution of the qualifying criminal activity.
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80	80	D. A certifying entity shall process a form I-918 Supplement B certification within NINETY days AFTER receiving THE request, unless the person requesting the form is not a citizen and is in removal proceedings, in which case the certification shall be processed within FOURTEEN days AFTER receiving THE request.
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82	82	E. A current investigation, the filing of charges and a prosecution or conviction are not required for the victim to request and obtain the Form I-918 Supplement B certification from a certifying official.
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84	84	F. A certifying official may withdraw the certification only if the victim refuses to provide information and assistance when reasonably requested.
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86	86	G. A certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-918 Supplement B certification, except to comply with federal law or legal process or if authorized by the victim or person requesting the Form I-918 Supplement B certification.
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88	88	H. On or before January 1, 2023 and annually thereafter, a certifying entity that receives a request for a Form I-918 Supplement B certification shall report to the Legislature the number of victims that requested Form I-918 supplement B certifications from the entity, the number of those certification forms that were signed and the number that were denied.
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90	90	I. For the purposes of this section:
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92	92	1. "certifying entity" means any of the following:
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94	94	(a) A state or local law enforcement agency.
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96	96	(b) A prosecutor.
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98	98	(c) A judge.
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100	100	(d) Any other authority that has responsibility for the detection, investigation or prosecution of a qualifying crime or qualifying criminal activity.
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102	102	(e) Agencies that have criminal detection or investigative jurisdiction in their respective areas of expertise, including the department of child safety and the industrial commission of Arizona.
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104	104	2. "certifying official" means any of the following:
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106	106	(a) The head of the certifying entity.
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108	108	(b) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency.
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110	110	(c) A judge.
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112	112	(d) Any other certifying official as defined in 8 Code of Federal Regulations Section 214.14(a)(3).
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114	114	3. "Qualifying crime" includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity listed in paragraph 4 of this subsection and the attempt, conspiracy or solicitation to commit any of those offenses.
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116	116	4. "Qualifying criminal activity" means qualifying criminal activity prescribed in the Immigration and Nationality Act (8 United States Code section 1101(a)(15)(U)(iii)), including:
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118	118	(a) Rape.
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120	120	(b) Torture.
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122	122	(c) Human trafficking.
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124	124	(d) Incest.
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126	126	(e) Domestic violence.
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128	128	(f) Sexual assault.
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130	130	(g) Abusive sexual conduct.
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132	132	(h) Prostitution.
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134	134	(i) Sexual exploitation.
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136	136	(j) Female genital mutilation.
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138	138	(k) Being held hostage.
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140	140	(l) Peonage.
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142	142	(m) Perjury.
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144	144	(n) Involuntary servitude.
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146	146	(o) Slavery.
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148	148	(p) Kidnaping.
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150	150	(q) Abduction.
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152	152	(r) Unlawful criminal restraint.
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154	154	(s) False imprisonment.
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156	156	(t) Blackmail.
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158	158	(u) Extortion.
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160	160	(v) Manslaughter.
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162	162	(w) Murder.
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164	164	(x) Felonious assault.
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166	166	(y) Witness tampering.
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168	168	(z) Obstruction of justice.
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170	170	(aa) Fraud in foreign labor contracting.
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172	172	(bb) Stalking. END_STATUTE